Allahabad High Court

SMT DARAKHSHAN BILGRAMIversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

A proper application for voluntary retirement, filed in the prescribed format with requisite documents, must be considered by the respondent in accordance with the applicable rules.

Summary

The petitioner, an Assistant Teacher, filed a writ petition seeking voluntary retirement from service under the Uttar Pradesh State Aided Higher Secondary School Teachers Death and Retirement Gratuity Rules, 1981. The petitioner submitted an application dated 26‑11‑2025 for voluntary retirement and requested that it be processed strictly according to law. The respondent’s standing counsel indicated that a proper application, if filed, would be considered in accordance with the applicable rules. The High Court, without examining the merits, directed the petitioner to file a complete application with all required documents in the prescribed format within three weeks. The court further ordered that the respondent consider the application per law and inform the petitioner of any legal impediment. Consequently, the writ petition was disposed with the said direction.

Issues considered

Whether the petitioner is eligible to retire voluntarily under the Uttar Pradesh State Aided Higher Secondary School Teachers Death and Retirement Gratuity Rules, 1981
Whether the petitioner’s application complies with the procedural requirements prescribed by law

Legislation cited

Uttar Pradesh State Aided Higher Secondary School Teachers Death and Retirement Gratuity Rules, 1981

Subjects

voluntary retirement
service law
writ petition
administrative law
education sector

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 6156 of 2026

                                    Smt Darakhshan Bilgrami
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of Uttar Pradesh And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Siddharth Khare
                                    Counsel for Respondent(s)                        :   C.S.C.

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri
                                    D.P.Singh, learned Standing Counsel.

                                    2. Petitioner does not work more on the post of Assistant Teacher and has
                                    applied for Voluntarily Retirement from Service by way of application dated
                                    26.11.2025.

                                    3. Learned counsel for the petitioner refers Uttar Pradesh State Aided Higher
                                    Secondary School Teachers Death and Retirement Gratuity Rules, 1981,
                                    where there is a reference of Voluntarily Retirement from Service and
                                    further prayers that his application be considered strictly in accordance with
                                    law.

                                    4. Learned Standing Counsel on basis of limited instructions submits that in
                                    case proper application for Voluntarily Retirement from Service is filed by
                                    the petitioner, same will be considered strictly in accordance with law.

                                    5. In the aforesaid circumstances without entering into the merits of the case,
                                    this writ petition is disposed of with an observation that application so filed
                                    by the petitioner be filed with all relevant documents in a proper format
                                    within a period of 3 weeks from today, same will be considered by concern
                                    respondent in accordance with law and in case of any legal impediment,
                                    same be informed to the petitioner.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…